1. Introduction and Acceptance

Welcome to Costa Vida ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website located at vidascosta.click (the "Service") operated by Costa Vida.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

You must be at least 18 years old or have reached the age of majority in your jurisdiction to use our services. If you are under 18, you may use our Service only with the involvement of a parent or guardian who agrees to be bound by these Terms.

We reserve the right to update these Terms at any time without prior notice. Your continued use of the Service after we post any modifications to the Terms on this page will constitute your acknowledgment of the modifications and your consent to abide by and be bound by the modified Terms.

2. Definitions

For the purposes of these Terms:

"Company" (referred to as either "the Company," "we," "us," or "our") refers to Costa Vida, located at 522 S 3rd St, Wilmington, NC 28401, USA.
"Service" refers to the website and food delivery services provided by Costa Vida.
"You" or "User" refers to the individual accessing or using the Service.
"Content" refers to all text, images, videos, audio, or other materials available through the Service.
"Account" refers to the unique account created for you to access our Service or parts of our Service.
"Order" refers to a request for food products or services placed through our Service.
"Delivery" refers to the transportation of food orders to the specified address.

3. Use of Services

3.1 Permitted Use

You may use our Service for personal, non-commercial purposes only. You agree to:

Use the Service in compliance with all applicable laws and regulations
Provide accurate, current, and complete information when creating an account or placing orders
Maintain the security and confidentiality of your account credentials
Respect the rights and privacy of other users
Use the Service only for its intended purpose of ordering food and related services

3.2 Prohibited Use

You agree not to use the Service:

For any unlawful purpose or to solicit others to take unlawful actions
To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
To infringe upon or violate our intellectual property rights or the intellectual property rights of others
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
To submit false or misleading information
To upload or transmit viruses or any other type of malicious code
To collect or track personal information of others
To spam, phish, pharm, pretext, spider, crawl, or scrape
For any obscene or immoral purpose
To interfere with or circumvent the security features of the Service

4. User Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding the password and for all activities that occur under your account.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization.

We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

Each user is permitted to maintain only one account. Creating multiple accounts may result in suspension or termination of all accounts.

5. Products and Services

5.1 Food Safety and Quality Standards

We are committed to maintaining the highest standards of food safety and hygiene in accordance with local health department regulations and FDA guidelines. All our food preparation follows strict safety protocols to ensure quality and safety.

5.2 Allergen Information

While we take precautions to prevent cross-contamination, our kitchen facilities handle various allergens including but not limited to nuts, dairy, gluten, soy, and shellfish. We cannot guarantee that any menu item is completely free from allergens. Please inform us of any allergies when placing your order.

5.3 Order Process

All orders are subject to acceptance by Costa Vida. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, or problems identified by our credit or fraud avoidance department.

5.4 Delivery Terms

Delivery Times: Estimated delivery times are approximate and may vary due to weather, traffic, order volume, and other factors beyond our control.
Delivery Zones: We deliver within a limited geographic area. Delivery availability depends on location and may change without notice.
Minimum Orders: A minimum order value may apply for delivery orders, which varies by location and time.
Temperature-Sensitive Items: Hot foods are delivered in insulated containers to maintain temperature. Cold items are kept chilled during transport.

5.5 Pricing and Payment

All prices listed on our Service are in US Dollars and are subject to change without notice. We accept various payment methods as indicated on our Service. Payment is due at the time of order placement.

5.6 Order Modifications and Cancellations

Order modifications or cancellations must be requested immediately after placing the order. Once food preparation has begun, modifications may not be possible. Cancellation policies and potential fees are outlined in our refund policy.

6. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Costa Vida and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes. This license does not include any resale or commercial use of our Service or its contents.

Any unauthorized use of our intellectual property may result in immediate termination of your account and potential legal action.

7. User Content

Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for User Content that you post to the Service.

By posting User Content, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service.

You represent and warrant that your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable in our sole discretion.

8. Disclaimers

The information on this Service is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

Excludes all representations and warranties relating to this Service and its contents
Does not warrant that the Service will be constantly available, or available at all
Does not warrant that the information on this Service is complete, true, accurate, or non-misleading
Makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content

We do not provide any warranty that the Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

9. Limitation of Liability

In no event shall Costa Vida, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.

Our total liability to you for all damages, losses, and causes of action shall not exceed the amount paid by you for the specific order giving rise to the claim, or $100, whichever is less.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages. Accordingly, some of the above limitations may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).

This indemnification obligation will survive these Terms and your use of the Service.

11. Third-Party Links and Services

Our Service may contain links to third-party websites or services that are not owned or controlled by Costa Vida. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Costa Vida shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

12. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

Upon termination, your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Disputes

These Terms shall be interpreted and governed by the laws of North Carolina, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

You agree to waive your right to participate in a class action lawsuit or class-wide arbitration against Costa Vida.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

15. General Provisions

15.1 Entire Agreement

These Terms constitute the entire agreement between you and Costa Vida regarding the use of the Service, superseding any prior agreements between you and Costa Vida relating to your use of the Service.

15.2 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, at our sole discretion, without restriction.

15.5 Force Majeure

Costa Vida shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16. Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: [email protected]
Phone: +1 910-399-2961
Address: 522 S 3rd St, Wilmington, NC 28401, USA
Website: https://vidascosta.click

We aim to respond to all inquiries within 48 hours during business days. For urgent matters related to food safety or order issues, please call us directly.